How often are drunk driving charges dropped?
My son got a DUI and we want to be able to drop the charge. We don't feel like it was fair because on one of the tests he wasn't even over the limit. He was only pulled over for going 5 above. What are the chances here?
Answered By: Cynthia Henley, Lawyer
Of course you want the charge dropped. Everybody wants their charges dropped and most people do not feel that their charges are fair. There is no way anyone can guess what the chances are of having the charges dismissed or even winning at trial if that are not dismissed - especially on this website - because we do not know the claims that the officers are making or any facts other than what you have provided. If your son is charged with DUI - driving under the influence of alcohol - then he is under 21. If so, then it is ZERO tolerance in Texas. A minor (under 21 in the instance of DUI) cannot have consumed any alcohol and then drive a vehicle. There is no pass / fail. If he blew the breath test and blew anything over .00, then he violated the law.) If your son is charged with DWI - driving while intoxicated by alcohol or drugs or a combination, then he could be any age. Intoxication is the loss of the normal use of mental and / or physical faculties due to the introduction of alcohol, drug, or a combination into the body. It means that someone is less than normal. There is a presumption if someone blows .08 or higher that they are intoxicated (although this is rebuttable.) There is not only the issue with the DWI but also there will be license suspension issues. You need to hire a lawyer for your son and be realistic about what the lawyer can and cannot do. It may take a trial to settle the matter. Prosecutors are not quick to dismiss charges.
Answer Applies to: Texas
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 8/12/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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